Via ISS, Nairobi
Kenyans go to the polls on 4 March 2013 to elect
their leaders at national and local level. This election is expected to turn the page on the
bloodshed that followed the last national polls in 2007–2008. Notwithstanding
the reforms that were instituted to address the flaws of the previous polls and
the determination of the majority of Kenyans to avoid a repeat of the violence,
many believe that the likelihood of conflict during the next election is still
high. A Human Rights Watch report released
early this month, ‘High Stakes: Political Violence and the 2013 Elections in
Kenya’, warns of the unacceptably high risk of violence. The country’s
security institutions, particularly the police, which has the primary
responsibility for election security, must take bold action to curb the risk of
violence.
A proper understanding of the police’s role in
electoral processes, as well as the principles of policing elections, is key to
providing effective electoral security. Police duties during elections include
protecting electoral stakeholders such as candidates, voters and observers;
safeguarding election materials and facilities such as polling stations and
counting centres; ensuring the lawfulness and orderliness of electoral events
such as debates, public appearances and polling; and investigating allegations
of criminal wrongdoing by candidates, government officials and other electoral
stakeholders.
Success in maintaining election security depends
upon the political neutrality and professionalism of the security personnel. Police officers should
not belong to any political party or promote partisan views. They should do
their job without any bias towards any of the contesting parties. The professionalism
of the police is demonstrated by the extent to which the police institutions
are organised, resourced and managed, as well as the extent to which officers
are trained and disciplined. The police should also promote
transparency and accountability by enhancing consultation mechanisms with
electoral stakeholders such as political groups, civil society and other organisations.
The provision of effective electoral security
starts with a proper assessment and understanding of both the security risks and
the corresponding security measures. This assessment must clarify the forms,
sources and locations of potential conflicts and violence at different phases
of the electoral process, i.e. problems associated with campaigning, balloting,
announcement of the results, and representation. At the broadest level, the
electoral security risk assessment should comprise contextual, historical and
stakeholder analysis. Specifically, the assessment must consider the
relationship between the contesting parties, key political figures representing
the parties, and the people or groups they represent. The behaviour and
implicit intentions of the leading political figures, as well as the contesting
strategies of the parties and candidates, need to be scrutinised and
interpreted.
A key part of the electoral security plan is
assessing the preparedness of the police in relation to the potential risk for
conflict and violence. The electoral security plan should specify police
intervention strategies and standards, deployment arrangements, coordination
and control mechanisms, and resource and training needs. The security response
plan should detail the police roles and responsibilities during the election,
including rules of engagement, codes of conduct and use of force
standards.
The electoral security plan should also clearly
define the operational boundaries, chain of command, and coordination
arrangements between different police institutions or units, such as the Kenyan
National Police (KNP), General Service Units (GSUs), and the Administration
Police, as well as the army and national intelligence service. Communication
and coordination mechanisms with other agencies responsible for the
administration of the election should also be included in the plan. In this regard, joint operation
arrangements will need to be set up between
the election and security authorities.
A deployment arrangement will need to be developed in response to the
potential security risks. Police deployment may need to include static (e.g.
protection of storage facilities of electoral materials, polling stations and
electoral offices), mobile (e.g. protection of high-level candidates and campaign
rally sites), and reserve deployment (e.g. contingency forces to support either
static or mobile forces as required). The plan should also aim to ensure enhanced communication systems, and that
sufficient resources are available in the specific locations at the times
required. As part of the preparation process, police officers at all levels
need to undergo specialised training. The contents of the training should
primarily be based on identified threats and security requirements as well as:
electoral principles; rules and processes relevant to the police; police roles,
rules of engagement and code of conduct; electoral security threats and
corresponding strategies; command and communication structures and mechanisms;
and management of major types of incidents.
The coming election gives the Kenyan police a chance to rectify the flaws of the 2007-8 polls and
renew its image. The police will face great pressure to maintain security
during the elections, given the high risk of violence. To minimise this risk, police officers should be
deployed in adequate numbers to areas of potential conflict and should perform
their duties impartially and with full respect for the law. The officers will need to make sure that they
stay clear of the common mistakes: intimidation,
unlawful arrest and detention, refusal to provide protection, obstruction of
the exercise of election rights, systematic influence on voters, use of
excessive force, a breach of the conventional procedures of law enforcement,
and inattentiveness to and unjustness in dealing with complaints.
Tsegaye D. Baffa, Senior Researcher, Conflict Management and Peace Building Division, ISS Nairobi
